If I was married for 12 years an am now going through divorce, am I able to file for half or some of my husband pension?
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If I was married for 12 years an am now going through divorce, am I able to file for half or some of my husband pension?
My husband filed for divorce.
Asked on June 19, 2012 under Family Law, Georgia
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If you live in a community property state, community property is property acquired during marriage. Community property also includes income during marriage. Each spouse has a one half interest in the community property.
Separate property is property acquired before marriage or after the marriage ends. Separate property also includes income before marriage or after the marriage ends. A spouse has no claim to the other spouse's separate property.
The portion of your husband's pension which represents income during your twelve years of marriage is community property and you would have a claim to half of that portion of the pension.
The portion of your husband's pension which represents income before marriage or after the marriage ends is your husband's separate property and you would not have any claim to that portion of the pension which is his separate property.
If you don't live in a community property state, other rules may be applicable.
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